Terms and Conditions Kaykay GmbH
General Terms and Conditions of Sale Online Shop Kaykay GmbH
- 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: General Terms and Conditions) apply to all contracts concluded via our online shop between us, Kaykay GmbH (represented by the managing director: Kathrin Kunz-Lehr), [Rheinhaustrasse 64, 64807 Dieburg], contact: shop @fitnesskaykay.com, and you as our customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept any differing conditions from the customer. This also applies if we do not expressly object to the inclusion.
- 2 Conclusion of contract
(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking on the “buy” button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right to cancel your order, which may exist under Section 3, remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or through delivery of the ordered items.
(5) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and immediately refund any consideration already received.
- 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of withdrawal in accordance with Section 1, you must bear the costs of the return.
(3) Otherwise, the regulations set out in detail below apply to the right of withdrawal
Right of withdrawal
You have the right to cancel the contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
An exchange is generally not possible. The new order can be easily placed in the shop. The money for the returned goods will be refunded as soon as the goods are recorded in our warehouse. Depending on the volume of shipments, this can take up to two weeks.
With regard to sporting goods, the right of withdrawal only applies to unused items.
The right of withdrawal for digital products such as eBooks or fitness programs expires at the moment the product is downloaded or streamed.
A discounted price is invalid in this case.
In order to exercise your right of withdrawal, you must inform us, Kaykay GmbH, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). Please use a sample cancellation form.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we must repay you all payments that we have received from you, excluding the delivery costs and processing fee of €10.90 per return , immediately and at the latest within 4 weeks from the day on which the goods were received and your revocation this contract has been received by us. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You will receive the goods immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract
Intermail AG
c/o Kaykay GmbH
Flughafenstrasse 9
64347 Griesheim
to return or hand over. The deadline is met if you send the goods before the fourteen day period has expired. Please state the reason for the return on the delivery note and enclose it with the return so that the order can be assigned. If there is no return slip included, please create one yourself with the order number, sender address and which items are being returned.
You bear the direct costs of returning the goods.
You must pay for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods. This also includes clear signs of wear.
- End of revocation-
- 3 a additions
- a) Free items that are included with your order are gifts within the meaning of Section 516 of the German Civil Code (BGB). According to Section 524 of the German Civil Code (BGB), only the very limited warranty law applies here, which requires fraudulent or grossly negligent ignorance of the defect on the part of the donor.
- b) There is no entitlement to the donation.
- 4 Delivery conditions and reservation of advance payment
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period within Germany is approximately five (5) working days, unless otherwise agreed. It begins – subject to the regulation in paragraph 3 – with the conclusion of the contract.
(3) For orders from customers with a place of residence or business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price including shipping costs (advance payment reservation). If we make use of the advance payment reservation
we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
- 5 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include any applicable shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with Section 3, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).
- 6 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can, at your discretion, transfer the purchase price and shipping costs to our account specified in the online shop, use other payment options offered, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorization or payment by debit/Maestro or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A direct debit authorization granted also applies to further orders until revoked.
(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
- 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
- 8 Warranty
We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is one year and begins with delivery of the goods.
- 9 Returns and Returns Policy
(1) We accept returns of unused items within [number of days, e.g. 14 days] after receipt of the goods. Returns must be made in the original packaging and should include the original delivery note or a copy.
(2) The customer bears return shipping costs.
(3) Returns must be sent to the following address:
Intermail AG
c/o Kaykay GmbH
Flughafenstrasse 9
64347 Griesheim
(4) Items eligible for returns must be in resalable condition. Items that show signs of wear cannot be refunded or exchanged.
(5) Due to the special nature of hygiene items, especially mats, returns after use are excluded for the following reasons:
Hygiene standards: Due to our adherence to high hygiene standards, we cannot accept returns for items that could potentially pose health risks after use.
Product integrity: Hygiene products, especially mats, could lose their original quality and functionality after use. Excluding returns serves to protect product integrity and ensure that only products of the highest standards are offered to our customers.
Customer Safety: To ensure the safety of our customers, we exclude returns of sanitary products to minimize any possibility of transmission of germs or infections.
(6) We charge a processing fee of €10.90 per package for the returns process , as a complex inspection process must be carried out. This fee will be deducted from the purchase amount upon refund. Please note that B goods are excluded from the right of return is.
- 10 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
- 11 Copyrights
We have copyright to all images, films and texts published in our online shop. Any use of the images, films and texts without our express consent is not permitted.
- 12 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.